Terms and Conditions Agreement
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-commerce and other Internet-related services provided by Ashrava Internet Services (the "Services"). As used in this Agreement, "Ashrava Internet Services" means Ashrava Internet Services and e-magine, Inc., and "Client", "you" or "your" means you. By making your first payment, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Ashrava Internet Services Site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Ashrava Internet Services Site" refers to the Site located at the URL: http://www.ashrava.com/, or any other successor Sites owned or maintained by Ashrava Internet Services.
- APPROPRIATE USE OF THE SERVICES.
Ashrava Internet Services provides the Services exclusively and makes no effort
to edit, control, monitor or restrict the content of data other than as necessary
to provide such Services.
- Client Content. Client
agrees that it will not distribute, electronically transmit or
display any materials supplied by Client - or through Client
by a third party - to any Ashrava Internet Services server in connection
with Client's use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Ashrava Internet Services or any third party;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate
- violate any Ashrava Internet Services policy posted on the Ashrava Internet Services Site including, but not limited to, our Hosting Policies, Abuse and Policy Violations, Billing Policies, Refund Policy and Restore Policy.
- contain viruses or other computer programming defects which result in damage to Ashrava Internet Services or any third party.
- Bandwidth. Client may occupy only the amount of disk space on the Ashrava Internet Services Server and utilize no more than the network bandwidth which is allotted by Ashrava Internet Services. Client may be charged a penalty for over-utilization of either disk space or network bandwidth.
- No "Spam". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Ashrava Internet Services, or otherwise, that mention or reference any domain hosted on Ashrava Internet Services servers or parked on Ashrava Internet Services DNS servers.
- Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
- Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Ashrava Internet Services; however, Ashrava Internet Services does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.
- Termination. Ashrava Internet Services, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse@ashrava.com.
- Use By Minors. Ashrava Internet Services Systems does not sell its products and services to minors under the age of 18. Ashrava Internet Services Systems sells such products and services to adults, who can purchase with a credit card. Minors under the age of 18 may purchase such products and services of Ashrava Internet Services Systems only with the involvement of a parent or guardian in the transaction.
- Client Content. Client
agrees that it will not distribute, electronically transmit or
display any materials supplied by Client - or through Client
by a third party - to any Ashrava Internet Services server in connection
with Client's use of the Services which:
- PAYMENT OBLIGATIONS
- Service Fees. By the Seventh (7th) of each month, Ashrava Internet Services shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail or regular mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Ashrava Internet Services by no later than the specified payment due date. Ashrava Internet Services shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Ashrava Internet Services. Certain services carry a set-up fee charged by Ashrava Internet Services to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Ashrava Internet Services and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year, bi yearly or in 3 month and has pre-paid Ashrava Internet Services for such Services, Client agrees that no refunds will be issued for any unused portion of the Services regardless of when Client cancels the Services. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will not be entitled to a pro-rated refund.
- Domain Names. If Client chooses to register a domain name(s) through Ashrava Internet Services, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Ashrava Internet Services does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
- CLIENT LIABILITY AND INDEMNIFICATION The parties agree that in no event shall Ashrava Internet Services be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Ashrava Internet Services from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
- TERM, TERMINATION & REINSTATEMENT Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. Should the client wish to terminate this Agreement, Client must send a cancellation request to our support department by filling out our account cancellation form. Such cancellation request must include the Client's name, username, and contact information. Client is responsible to remove files from the server before the last business day of the respective day for which cancellation is requested. All accounts are cancelled as soon as the client submits the account cancellation form.Ashrava Internet Services will not be held responsible for any files deleted on that day. The cancellation procedure is subject to change without notice.
- TAXES Client will pay and indemnify and hold Ashrava Internet Services harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
- DISCLAIMER OF WARRANTY THE SERVICES, THE Ashrava Internet Services SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Ashrava Internet Services SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Ashrava Internet Services DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING , WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Ashrava Internet Services SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
- LIMITATION OF LIABILITY IN NO EVENT SHALL Ashrava Internet Services BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Ashrava Internet Services SITE OR ANY Ashrava Internet Services PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Ashrava Internet Services' CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 US).
- MISCELLANEOUS If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Ashrava Internet Services. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by and construed in accordance with the laws of State of New York, U.S.A., regardless of its choice of law provisions. The state and federal courts located in the county of Dane, Wisconsin, will have exclusive jurisdiction. This Agreement and Ashrava Internet Services' policies are subject to change by Ashrava Internet Services without notice. Continued usage of the Services after a change to this Agreement by Ashrava Internet Services or after a new policy is implemented and posted on the Ashrava Internet Services Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Ashrava Internet Services Site for any changes or additions.